limitations for the victim's right to claim compensation from the State (applying a special
rule to the starting point of the statute of limitations for survivors, etc.).38) On December 8,
the motion to ratify the ‘International Convention for the Protection of All Persons from
Enforced Disappearance’ passed the plenary session of the National Assembly. This
Convention, one of the nine core human rights instruments of the United Nations, consists of
the definition of enforced disappearance,39) the victim's right to know the truth, the right to
compensation, the right to form support organizations and groups, the duty of the state for
criminal legislation, and the duty to investigate.
B) Meaning and Characteristics of State Violence
State violence refers to an act in which the state restricts or violates the people’s
fundamental rights under the Constitution the illegal exercise of public power.40) It can be
seen as a concept that includes serious human rights violations, such as civilian massacre,
death, torture, injury, disappearances, etc., and the state's acquiescence, involvement,
concealment, and reduction of human rights violations not committed by state agencies
State violence is different from general violence or crime in terms of the main agent and
the substance in that the public authority, which should have protected civil liberties and
rights, actually violated the rights of the people. Moreover, state violence that occurred in the
contemporary history of Korea, from colonial rule, war and division to dictatorship, is
different from recent state violence in that as it went through an ideological justification
process, the victims became criminals instead and their rights and honor were violated.
In some cases, separate legislative grounds have been established for recovery from state
violence, such as a special law that stipulates compensation or compensation for victims of
individual cases such as the 5.18 Gwangju Democratic Uprising, but in other cases, the
38) In 2005, the NHRCK expressed its opinion to the National Assembly to the effect that it would be desirable to
exclude the application of the statute of limitations for serious state crimes against human rights, and to have a fairly
long statute of limitations for the right to claim compensation from the State.
39) Arrest, detention, abduction or other deprivation of liberty by a State agency or by individual or group of individuals
acting with the permission, assistance or acquiescence of the State, and concealing whether the missing person is
alive or dead or whereabouts, and placing the missing person outside the protection of the law
40) See Article 2 of the 「Act on Establishment and Operation of National Violence Trauma Healing Center」
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